[El Gato]

They are part of the state government, and they must follow the state constitution just like any other governmental entity. The State, and federal constitutional protections both speak of “seizing” “persons”, and neither mentions crimes, law enforcement, or “peace officers”. Are not children persons? Of course they are, thus the CPS must follow the same rules as LEOs, which I agree they are not, when it comes to serving warrants or making seizures sans warrants.

[Tammy8]

This is the guidelines for CPS as per Texas law- all they need is a report from someone who "believes" a child is being abused. The caller claimed to be a minor, claimed she was being abused- so there is your call about possible child abuse. That really is all they need to go into a home- if you refuse them entry, they can get a warrant based solely on a report of child abuse. Notice it says nothing about probable cause- just the word "believes." This is one of the areas where CPS differs from LEO. Once CPS is inside- if they "believe" a child is in danger then they can take them. This is why they are so powerful. Whether you like it or not, this is the law everywhere that I know of concerning children- Texas is not unique.

http://www.dfps.state.tx.us/Child_Protection/About_Child_Protective_Services/parentguide.asp

Excerpt: State law requires anybody who believes that a child has been abused or neglected to make a report to the Child Protective Services (CPS) program of the Texas Department of Family and Protective Services (DFPS) or to a law enforcement agency. The law requires CPS to investigate reports of child abuse or neglect for the primary purpose of protecting children.